GUYANA/VENEZUELA BORDER CONTROVERSY 

 THE MEDIA NEEDS TO FULLY APPRISE ITSELF OF GUYANA’S POSITION

TOWARDS the end of last month, Foreign Secretary Carl Greenidge addressed the Guyana Press Association at their Media Awards function which took place at the Pegasus Hotel. The Foreign Secretary called for the Media to be more responsible in their reporting on Guyana/Venezuela issues relating to the 1899 Arbitral Award especially now that the matter was before the International Court of Justice (ICJ).

A generation ago, most Guyanese were reasonably well-informed of all aspects of the 1899 Arbitral Award and the outrageous Venezuelan claim to two-thirds of Guyana’s territory just at the time Britain was preparing to grant Independence to British Guiana. It was felt at the time that the Venezuelan claim arose to delay Guyana being granted its Independence because of Cold War considerations.

At this point we will give a very brief synopsis of the Arbitral Award: In the last quarter of the 19th century, Venezuela began to claim most of the territory of British Guiana. Just at this time, the United States was enthusiastically supporting its Munroe Doctrine which declared that no further European colonies would be tolerated in the Americas and those European colonies which existed could not be expanded. Venezuela asked the United States to champion its cause and the Americans readily undertook to do so.

Eventually, it was agreed that the matter would be decided upon by International Arbitration. The Arbitration consisted of the best lawyers at the time and the Archives of Spain, Holland and Britain were thoroughly investigated. The British claim was for the territory to the mouth of the Orinoco River and much of the present Venezuelan province of Guayana while the Venezuelans claimed most of British Guiana except Berbice. The Arbitral Award was made in 1899 and was accepted internationally and by all parties.
The Venezuelans celebrated the Award as a great victory and there was much jubilation in Caracas. They even had celebratory postage stamps issued and fully participated with the British team in demarcating the boundary in 1905 and for 60 years they accepted the boundary.

In 1962 when Britain had decided to grant Guyana its Independence, Venezuela raised its present claim which was meant to delay Guyana’s Independence.

When, however, it was realised that Britain would not unduly delay Guyana’s Independence, Guyana, Venezuela and United Kingdom came to the Geneva Agreement whereby Guyana would receive its Independence and talks to end the controversy would take place and if there was no solution in a reasonable time, the matter would then be referred to the Secretary General of the United Nations who would then decide by what mechanism the controversy would be settled. The Secretary General decided that the issue would be referred to the International Court of Justice.

In pursuance of the Secretary General’s decision, Guyana brought its case to the ICJ. Venezuela claimed in a letter to the Court that the Secretary General exceeded his authority under the Geneva Agreement and as such the ICJ lacked jurisdiction to adjudicate on the matter and as such Venezuela would not participate. On 19th November 2018 Guyana submitted its Memorial to the Court refuting Venezuela’s arguments and demonstrating that the Court had jurisdiction.

Whether Venezuela participates in the Court proceedings or not, the Court will proceed to decide, under well-established precedent, whether it has jurisdiction on Guyana’s claims. Guyana’s case before the ICJ will come up in March next year.

If the Court decides it has jurisdiction, it will rule on the merits of Guyana’s case and decide whether the validity of the 1899 Award and the border between Guyana and Venezuela should be confirmed. Guyana is seeking a judicial decision rather than a mere advisory opinion since Venezuela would have to abide by the judgement of the Court though it would not have participated in the proceedings. If Venezuela does not abide with the judgement of the Court, it would open itself to further action by the United Nations Security Council.
Finally, we would point that the entire nation including the Opposition Parties and the Governmental Parties are fully committed to defending Guyana’s territory and are supportive of Foreign Secretary Greenidge’s advocacy.

We would also underline Foreign Secretary Greenidge’s appeal to the Media to be always accurate when reporting on the Border Controversy since whatever is written on the issue is read by those who represent us at Court as well as by our adversaries.

Guyana still hopes that Venezuela will participate in the Court proceedings since by so doing it will indicate its respect for the Court and the Rule of International Law, its commitment to the peaceful settlement of disputes and its promotion of long term friendly relations between our neighbouring countries.

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